Australian Meat and Live-stock Industry (Export of Cattle) Amendment Orders 2002 (No. 1)

Overview

The Australian Meat and Live-stock Industry (Export of Cattle) Amendment Orders 2002 (No. 1) were enacted by the Australian Government to address specific concerns related to the export of cattle, particularly focusing on animal welfare and compliance with certain export conditions. These Orders were made under the authority of the Australian Meat and Livestock Industry Act 1997, by Ann McDonald, the General Manager of the Market Maintenance Group within the Department of Agriculture, Fisheries and Forestry. The primary objective of these Orders is to ensure the welfare of cattle during export by imposing restrictions and requirements on licensees involved in the export process. The Orders specifically address the export of cattle to certain Middle Eastern ports during the northern summer months, stipulating conditions such as limiting the number of cattle per consignment, ensuring a certain percentage of the consignment meets specific physical characteristics, and requiring the submission of a management plan to the Australian Quarantine and Inspection Service. The policy objective is to safeguard the welfare of cattle exported from Australia, particularly during periods when the welfare risks are heightened.

Scope and Application

The Australian Meat and Livestock Industry (Export of Cattle) Amendment Orders 2002 (No. 1) applies to entities or individuals holding a license under the Australian Meat and Livestock Industry Act 1997, specifically those involved in the export of cattle. These Orders amend the Australian Meat and Livestock Industry (Export of Cattle) Orders 1998 to impose stricter conditions on the export of cattle from Australian ports, particularly during the northern summer months. The geographic scope of these Orders is national, as they apply to all licensed exporters of cattle in Australia. They restrict the export of cattle to specific ports in the Middle East without written consent from the Secretary and introduce additional conditions for exports during May through October from ports north of the 26th parallel south latitude. The Orders also require the submission of a management plan to the Australian Quarantine and Inspection Service before applying for an export permit. Exclusions and exemptions from these conditions are limited, with the primary focus being on the welfare of the cattle during transportation. The Orders can be further extended or modified through subordinate instruments as deemed necessary by the Department of Agriculture, Fisheries and Forestry.

Key Provisions

The Australian Meat and Live-stock Industry (Export of Cattle) Amendment Orders 2002 (No. 1) primarily amend the Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998, introducing new restrictions and requirements for cattle exports from Australia. Clause 3 defines "LEAP" as the document titled 'Live-stock Export Accreditation Program', published by the Australian Livestock Export Corporation Ltd (LiveCorp) in March 2001. Clause 4(1A) prohibits the export of cattle to specific ports in Bahrain, Kuwait, Qatar, and the UAE without the written consent of the Secretary. Clause 4A imposes additional conditions for cattle exports from Australian ports north of the 26th parallel during the northern summer months of May through October. This includes a limit of 500 head of cattle per consignment, a requirement that 80% of the cattle must be of the bos indicus type, and adherence to the stocking densities specified in LEAP. Furthermore, a management plan for the export must be submitted to the Australian Quarantine and Inspection Service before applying for an export permit. The obligations imposed by these Orders require licensees to obtain written consent from the Secretary before exporting cattle to the listed ports and to ensure compliance with specific conditions during the northern summer period. Licensees must adhere to the specified cattle type and stocking densities, submit a management plan to the Australian Quarantine and Inspection Service, and prioritise the welfare of the cattle in their export activities. These requirements are designed to safeguard animal welfare and maintain the integrity of Australia's livestock export industry. Breaches of the provisions in these Orders can lead to civil or criminal consequences. Although the specific penalties are not detailed within the text of the Orders, under the Australian Meat and Livestock Industry Act 1997, penalties for non-compliance can include substantial fines. The maximum penalties for breaches of regulations under this Act can extend up to thousands of Australian dollars, depending on the severity and frequency of the offence. Additionally, persistent or egregious violations may result in the suspension or revocation of a licensee's permit, further impacting their ability to conduct livestock exports. These provisions underscore the importance of compliance to avoid legal repercussions and ensure the humane treatment of exported cattle.